DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 7-13, 15, and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 11,201,311 in view of Lin et al. (US 2007/0091241).
In reference to claim 1, claim 1 of U.S. Patent No. 11,201,311, hereafter “the ‘311 patent,” includes all of the limitations of claim 1 except the connection electrode comprises a transparent material.
Lin et al. (US 2007/0091241) discloses a display device and a method for repairing a defective pixel including teaching a connection electrode, 130 in Figures 1 and 3, comprises a transparent material, paragraph 40. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the connection electrode to comprise a transparent material. One would have been motivated to do so in order to form the connection electrode concurrently with a transparent pixel electrode, id.
In reference to claim 2, claim 2 of the‘311 patent includes all of the limitations of claim 2.
In reference to claim 3, claim 3 of the‘311 patent includes all of the limitations of claim 3.
In reference to claim 7, claim 11 of the ‘311 patent includes all of the limitations of claim 7.
In reference to claim 8, claim 12 of the ‘311 patent includes all of the limitations of claim 8.
In reference to claim 9, claim 15 of the ‘311 patent includes all of the limitations of claim 9.
In reference to claim 10, claim 16 of the ‘311 patent includes all of the limitations of claim 10.
In reference to claim 11, claim 17 of the ‘311 patent includes all of the limitations of claim 11.
In reference to claim 12, claim 21 of the ‘311 patent includes all of the limitations of claim 12.
In reference to claim 13, claim 23 of the ‘311 patent includes all of the limitations of claim 13.
In reference to claim 15, claim 26 of the ‘311 patent includes all of the limitations of claim 15.
In reference to claim 16, claim 27 of the ‘311 patent includes all of the limitations of claim 16.
Claims 4-6, 14, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 11,201,311 in view of Lin et al. (US 2007/0091241) as applied to claim 1 above and further in view of Lee et al. (US 2016/0189593).
In reference to claim 4, claim 2 of the ‘311 patent includes all of the limitations of claim 4 except the anode electrode includes a first anode electrode and a second anode electrode, and the connection electrode is on a same layer as the first anode electrode.
Lee et al. (US 2016/0189593), hereafter “Lee,” discloses a display device including teaching a anode electrode includes a first anode electrode, 111 in Figure 6, and a second anode electrode 105, and the connection electrode RH_1 is on a same layer as the first anode electrode.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the anode electrode to include a first anode electrode and a second anode electrode, and the connection electrode is on a same layer as the first anode electrode.
One would have been motivated to do so in order to allow for the anode electrode to overlap an electrode of an adjacent pixel to form a repair structure, paragraph 69.
In reference to claim 5, Lee discloses the second anode electrode is connected with the first anode electrode through a contact hole, 111 contacting 105 unlabeled in Figure 6.
In reference to claim 6, Lee discloses when the anode electrode of a specific sub pixel from the plurality of sub pixels has a defect, the connection electrode of the specific sub pixel and an adjacent anode electrode of the corresponding one of sub pixels are welded by a laser, paragraph 78.
In reference to claim 14, claim 1 of the ‘311 patent includes all of the limitations of claim 14 except the corresponding one of the plurality of sub pixels is a sub pixel that emits the same light.
Lee discloses a display device including teaching a connection electrode connects corresponding ones of the plurality of sub pixels which are a sub pixel that emits the same light, paragraph 44. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the corresponding one of the plurality of sub pixels to be a sub pixel that emits the same light. One would have been motivated to do so in order for the repair to compensate for the non-operable pixel, paragraph 45.
In reference to claim 17, claim 1 of the ‘311 patent includes all of the limitations of claim 17 except a width of the cathode electrode is greater than a width of the connection electrode.
Lee discloses a display device including teaching a width of the cathode electrode, 115 in Figure 6, is greater than a width of the connection electrode RH_1. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for a width of the cathode electrode to be greater than a width of the connection electrode. One would have been motivated to do so in order to form the cathode electrode over the entire surface of the substrate, paragraph 72.
Claims 1-3, 7-13, 15, and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 11,818,910 in view of Lin et al. (US 2007/0091241).
In reference to claim 1, claim 1 of U.S. Patent No. 11,818,910, hereafter “the ‘910 patent,” includes all of the limitations of claim 1 except the connection electrode comprises a transparent material.
Lin et al. (US 2007/0091241) discloses a display device and a method for repairing a defective pixel including teaching a connection electrode, 130 in Figures 1 and 3, comprises a transparent material, paragraph 40. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the connection electrode to comprise a transparent material. One would have been motivated to do so in order to form the connection electrode concurrently with a transparent pixel electrode, id.
In reference to claim 2, claim 2 of the patent includes all of the limitations of claim 2.
In reference to claim 3, claim 3 of the patent includes all of the limitations of claim 3.
In reference to claim 7, claim 11 of the patent includes all of the limitations of claim 7.
In reference to claim 8, claim 12 of the patent includes all of the limitations of claim 8.
In reference to claim 9, claim 13 of the patent includes all of the limitations of claim 9.
In reference to claim 10, claim 14 of the patent includes all of the limitations of claim 10.
In reference to claim 11, claim 15 of the patent includes all of the limitations of claim 11.
In reference to claim 12, claim 16 of the patent includes all of the limitations of claim 12.
In reference to claim 13, claim 17 of the patent includes all of the limitations of claim 13.
In reference to claim 15, claim 19 of the patent includes all of the limitations of claim 15.
In reference to claim 16, claim 20 of the patent includes all of the limitations of claim 16.
Claims 4-6, 14, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 11,818,910 in view of Lin et al. (US 2007/0091241) as applied to claim 1 above and further in view of Lee et al. (US 2016/0189593).
In reference to claim 4, claim 2 of the ‘910 patent includes all of the limitations of claim 4 except the anode electrode includes a first anode electrode and a second anode electrode, and the connection electrode is on a same layer as the first anode electrode.
Lee discloses a display device including teaching a anode electrode includes a first anode electrode, 111 in Figure 6, and a second anode electrode 105, and the connection electrode RH_1 is on a same layer as the first anode electrode.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the anode electrode to include a first anode electrode and a second anode electrode, and the connection electrode is on a same layer as the first anode electrode.
One would have been motivated to do so in order to allow for the anode electrode to overlap an electrode of an adjacent pixel to form a repair structure, paragraph 69.
In reference to claim 5, Lee discloses the second anode electrode is connected with the first anode electrode through a contact hole, 111 contacting 105 unlabeled in Figure 6.
In reference to claim 6, Lee discloses when the anode electrode of a specific sub pixel from the plurality of sub pixels has a defect, the connection electrode of the specific sub pixel and an adjacent anode electrode of the corresponding one of sub pixels are welded by a laser, paragraph 78.
In reference to claim 14, claim 1 of the ‘910 patent includes all of the limitations of claim 14 except the corresponding one of the plurality of sub pixels is a sub pixel that emits the same light.
Lee discloses a display device including teaching a connection electrode connects corresponding ones of the plurality of sub pixels which are a sub pixel that emits the same light, paragraph 44. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the corresponding one of the plurality of sub pixels to be a sub pixel that emits the same light. One would have been motivated to do so in order for the repair to compensate for the non-operable pixel, paragraph 45.
In reference to claim 17, claim 1 of the ‘910 patent includes all of the limitations of claim 17 except a width of the cathode electrode is greater than a width of the connection electrode.
Lee discloses a display device including teaching a width of the cathode electrode, 115 in Figure 6, is greater than a width of the connection electrode RH_1. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for a width of the cathode electrode to be greater than a width of the connection electrode. One would have been motivated to do so in order to form the cathode electrode over the entire surface of the substrate, paragraph 72.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN R. JUNGE whose telephone number is (571)270-5717. The examiner can normally be reached M-F 8:00-4:30 CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chad Dicke can be reached at (571)270-7996. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRYAN R JUNGE/ Primary Examiner, Art Unit 2897